Bad Experience

[ralewis]

"You were given effective notice by a person in authority at that location. A higher authority for the owner has now given you oral permission that its ok, but other than your word, what is there to show that? "

Ok, so here is a wrinkle.. If it's Hooters, then most Hooter's are franchise locations with owners that control the specific property (likely leased). A manager working for the owner has the authority I believe to giver Verbal Notice.

Now, if the district/regional manager is a franchise manager (vs. a senior manager working for an owner of multiple franchises), then I don't believe that individual is a higher authority then the lawful owner of a Franchise location. I'd not assume that a district manager could countermand a local owner/manager for CHL purposes unless I knew the individual owned/controlled the actual property.

[JALLEN]

"You were given effective notice by a person in authority at that location. A higher authority for the owner has now given you oral permission that its ok, but other than your word, what is there to show that? "

Ok, so here is a wrinkle.. If it's Hooters, then most Hooter's are franchise locations with owners that control the specific property (likely leased). A manager working for the owner has the authority I believe to giver Verbal Notice.

Now, if the district/regional manager is a franchise manager (vs. a senior manager working for an owner of multiple franchises), then I don't believe that individual is a higher authority then the lawful owner of a Franchise location. I'd not assume that a district manager could countermand a local owner/manager for CHL purposes unless I knew the individual owned/controlled the actual property.

"...a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person..."

The statute speaks of the owner or someone who has "apparent authority" to act for the owner. It doesn't require that the person have "actual authority" merely apparent authority.

I think the proper assumption is that anyone who speaks has apparent authority. If you guess wrong, you maybe going for a ride.